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tv   Matter of Fact With Soledad O Brien  ABC  November 20, 2016 11:30pm-12:00am CST

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jimmy john's mike: last week, i interviewed
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smith. he's an appleton native and was in milwaukee for two events at marquette law school, where i work. one of the events was a speech, and one of the slides smith showed during his remarks jumped out at me. it was a map of wisconsin showing where high speed wireless service was available. or perhaps more important, where it wasn't available. it isn't exactly breaking news, but in wisconsin, your access to high speed wireless service depends on where you live. smith noted that most counties in the northern third of the state and in rural areas don't have high speed wireless access at all. interestingly, many of those counties voted for donald trump in the presidential election, and if you think about it, it's not necessarily a reach to say that the lack of access to what's become a modern day convenience or necessity, is a sore point for people who live outside major metro areas. what about us, they say. after all, this digital divide has real life consequences. it's simply tougher to start a business or grow one in a place
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speed wireless service. could that change under a trump administration? smith, the microsoft president, says he likes trump's talk about improving the nation's infrastructure, but says the conversation shouldn't only be about improving roads and bridges. he says the internet is now a fundamental piece of our infrastructure -- of our lives -- and that needs attention, too. thanks for being with us today. i'm mike gousha. i'll see you again next week, on "upfront." >> you can see today's program on our website.
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soledad: right now, as a "matter of fact" -- >> any announcements today? soledad: the trump transition enters uncharted territory. would you grant his children top security clearance? jonathan: it is not uncommon for advisors to have clearance. soledad: plus, want a lower tax bill?
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the new administration? and you'll be inspired by her journey from somalia to the state house. how this young lawmaker rose from refugee to representative. but first, the supreme court under a trump administration. i'm soledad o'brien. welcome to "matter of fact." ? soledad: justice ruth bader ginsburg said it plainly enough, when it comes to the supreme court, eight is not a good number. not for what's supposed to be a court of nine who have the final say over our laws and their enforcement. over time, that has included everything from courts to jails and could go back to our doctors' offices and bedrooms. it's worth remembering that there is still a number nine in waiting -- judge merrick garland, nominated by president obama eight months ago this week, and whose nomination has
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so where does that leave us? president-elect trump produced a list during the campaign, but of course he can nominate anyone he wants, and a republican senate is likely to confirm. legal scholar jonathan turley is a law professor at george washington university law school and a legal scholar. he was floated as a supreme court candidate himself, albeit by the libertarian candidate for president. professor at george washington university law school and a legal scholar. he was floated as a supreme court candidate himself, although by the libertarian candidate for president. nice to have you. i'm trying to decide whether to say congratulations or sorry. jonathan: i was counting on that libertarian sweep. where did that go? soledad: the media was wrong about a lot of things. let's talk about what's at stake here. at the end of the day, you really have eight supreme court justices, one spot to fill -- replacing scalia. does that shift balance of power in the next one individual who donald trump has the ability to replace? jonathan: it would have if election turned out differently. it would have been a shift because hillary clinton would have replaced the ultimate
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conservative vote, he actually did break from the right on a number of occasions. he had a libertarian aspect to him. his loss is huge, and it is going to be hard to replace him. it's not as simple as just replacing him with someone with a conservative view of the constitution. he was the intellectual force of right. soledad: donald trump has said he intends to overturn roe v wade. how does that happen? in first 100 days that -- presidents like to talk about their vision for the first 100 days. jonathan: the fact is the president can not change the meaning of the constitution. he can change the supreme court, but he can't change the meaning. only the supreme court decides as a final matter what the constitution means. and they have said that what it means is it protects right to choose. there are still some questions that make it controversial.
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states right rather than a federal right? jonathan: it could if the court changed. and that's the reason trump is in a unique position. no president in our lifetime has ever sat in the position he has now. he has one opening that he can fill on first day, and he has three justices who will be over 80 in his term. that means that conceivably he could fill four positions. if ginsburg, kennedy, or breyer retires, it will be a whole new game. it will be much like the early years of the rehnquist court, when they got a fifth vote and they didn't waste any time. they started to accept big ticket cases. we have gone through this period where judge merrick garland, for now all purposes, done as a nominee. i said months ago when someone asked me about garland, i said it's a very in washington when everyone is saying nice things about you. you only see that at eulogies and when your nomination is dead. soledad: candidate trump talked about mass deportation.
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jonathan: i think he's going to increase deportations. he has the power to do it. soledad: but deportation -- he framed it as deportation teams that go in. i mean, a little different than we think of deportation today. a muslim registry, which some have likened to internment camps. jonathan: on immigration, he can do exactly what he said. this is a bill for democrats. they embraced the unilateral presidential actions of the obama administration. i was one of the critics at that time saying you are making a huge mistake by embracing this concept of an uber presidency. two years ago i wrote a column saying, "your next president might be a president trump, and then what are you going to do when you have embraced all these unilateral powers?" that bill has come due. what makes it even more scary for democrats is most of obama's legacy is standing on clay feet.
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through executive power and trump could eradicate that. he could literally eradicate most of the obama legacy because of the way it was done. soledad: there are all these areas of conflicting interest. we now know, or at least we believe, that donald trump is interested in having his children get some kind of security clearance, maybe son in law getting a very high security clearance so that he could be attending the daily presidential briefings. what does the court that oversees those kinds of questions -- ultimately don't those thingse court? jonathan: no. when it comes to getting security clearances, the president and the director of national security have pretty much the discretion of who has clearances. and it is not uncommon for advisors or kitchen cabinet people to have clearance. soledad: but how about fights over conflict of interest? jonathan: i don't see a huge fight happening in terms of his kids.
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estate. that's an area that's largely a state area. i wouldn't expect a lot of that coming down the pipe where you create serious conflict of interest, but that's the role of white house counsel and chief of staff. the white house counsel has to be in position to say you need to stand aside on this one, or this is coming too close to your business interests. keep in compliance with conflict rules, and other rules and you can do a lot. if you fight it all, or if you're not going to yield to rules or laws, then you are going to get into a morass. soledad: jon to have you. jonathan: thanks. soledad: along with a pending nomination that could reshape the supreme court, the president-elect is already involved in another controversial legal issue -- the contentious multibillion dollar dakota access pipeline, which has prompted protests for weeks. donald trump owns stock in the company proposing the pipeline, and a federal judge won't decide until early next year whether it can go ahead. that could mean many more weeks of protests in north dakota,
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started outlining their plans for the coming winter. >> coming up, trump voters want to bring jobs home. >> they're working full time and they are still poor. >> find out how your work life could change. and the votes still being counted. are protests about to change the way we elect the president? then, imagine ordering an uber and getting a lift from your u.s. senator.
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soledad: november 2016 has not been an easy month to be a pollster. remember, these are the folks who said donald trump's chances of becoming president were, at best, 15%. now, they've produced a composite of the typical trump voter. the typical trump voter is a married, middle-aged white man, has at least a high school education and an average salary of at least $50,000 a year. he's republican and conservative. he probably lives in a suburban
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he is either catholic or protestant and goes to church at least once a month. he says immigration or terrorism were the most important factors to him this election, and the most important value in a candidate is someone who can deliver change. so does the president-elect's economic proposals square with the trump voter, and in fact, what every voter is looking for? linda chavez is the chairman of the center for equal a republican, she has been critical of trump's economic policy. chad stone is the chief economist for the center on budget and policy priorities and is a former chief economist for the president's council of economic advisors. it is nice to have both of you with me today. basically, trump is proposing we lower the number of tax brackets, the top bracket, the wealthiest people, who are now paying 40% in taxes, that would drop to 33%.
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proposal? chad: well, the tax proposal, when you get down to it, it's a fairly standard republican proposal to cut taxes on high income people and say that spending cuts will come along somewhere to pay for them. we at the center on budget have a calculation, i think from tax policy center, the top 0.8 % of income distribution get three times as much of a tax break as bottom 80%. top 0.8 versus botton 80%. soledad: if this a standard republican presentation to some degree, as a republican and as a reagan republican, how do you assess this tax plan put forth by president-elect trump? linda: it is one of the few things that i like in the trump platform is his tax plan. i think it would stimulate job creation.
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businesses, there is also cut in business tax rate, if businesses pay fewer taxes they can hire more people and can have stimulative effect. but i do with agree with chad. the real question is what happens is less money coming into the treasury, at least initially. i mean, the idea is that there will be more eventually because of jobs. bu spending, and that is always the rub. soledad: let's talk trade. donald trump has made it clear in a lot of his campaign speeches that he wants to renegotiate or get out of nafta , and also he does not want to expand trade. you have an issue with trump on trade. linda: absolutely. soledad, the biggest threat to the economy that he proposes is in the trade area. people think it would great to
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mexicans that take the jobs away from us. but guess who pays for the tariffs? they won't be paid for by the government of mexico or china. they will be paid for by the american consumer. chad: and trade policy is not trade policy that he is talking about, protectionism, is not the way to go for many reasons that linda spoke of. we need to have policies that address concerns of workers who have been dislocated and face more difficult job opportunities, but protectionism is not the way to go. soledad: it's a very populist message, and again on the campaign trail, you heard trump say this a lot, "build a wall" or that those jobs you had lost were really taken by immigrants who came into the country and stolen those jobs. chad: immigration is easy to point to, trade is easy to point to. but that's not the answer. soledad: so what is the answer? how do you take someone in the rust belt, and they say trump
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vote for someone bringing back jobs. those jobs are not coming back. -- linda: those jobs are not coming back. we are not going to have the manufacturing plants in the upper midwest coming back. what we have now is economy that is technical. we are very much into the informative age, and we need to help these workers get skills to allow them and their children to be able to get better paying jobs. soledad: linda chavez and chad stone, thanks so much. appreciate your insights. >> donald trump once hated the electoral college -- now he tweets it is genius. where do you stand? and, the president-elect says he has another genius idea -- to reduce student debt. plus, students are all uber
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honey nut cheerios get their delicious taste from honest ingredients. like real delicious honey, ok that's still honey. ahhh, there we go. were back to honey again. who's directing this? that guy, figures.
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soledad: it's now a familiar
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nation. not just divided, but also angry. there have been protests involving thousands of people in at least 50 cities since the election. what's behind it? many of the president-elect's goals and pronouncements, to be sure, but also his path to the white house. donald trump won the electoral college 290-232. that's 20 more than he needed. but the popular vote tells another story -- it takes a while to get the final tally, and we don't have it yet. but we do know that hillary clinton got at least 1.3 million donald trump. so if you are wondering why the electoral college vote carries the day, what's behind it, and the chances of changing it, "matter of fact" correspondent liz palka has some answers. liz: on election night, it's all about the results. the oval office, secured state by state. prof. sherman: i think what people really don't understand when they go to vote is that they're not voting for a
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liz: elizabeth sherman teaches politics at american university in washington, d.c. she tells us the founding fathers weren't big fans of the popular vote. prof. sherman: they considered the popular vote. they rejected that. they decided that every state would have a certain amount of power, and that our elections would be decided by the electoral votes of every state. liz: each state gets electoral votes equal to the number of members in the house of representatives, plus two votes for its senators. for example, tennessee has 9 representatives. with two senators, that's 11 electoral votes. and in most states, whoever wins the most votes takes all the electoral votes in what's called winner take all. that's true everywhere but nebraska and maine, where votes are awarded proportionately. sherman says giving every state two votes for their senators was a way of balancing the interests
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prof. sherman: they were so afraid of being dominated by new york, massachusetts, pennsylvania. liz: that wasn't the only compromise. prof. sherman: the slave states wanted the slaves to be counted as members of the population that would give them more representation in congress. liz: so, the framers settled on counting 3/5 of the slave population, increasing the number of electoral votes without granting male slaves the right to vote. white women were counted, too, though also deed now in 2016, hillary clinton joins a short list -- five candidates who've won the popular vote but lost the electoral college, bringing into focus the question of whether the framers got it right. changing the electoral college would require changing the constitution. that's a long process. so if states want a shorter-term fix, their legislatures could consider moving from winner take all to the proportional method used by maine and nebraska.
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>> coming up next, is student loan debt scaring you? >> in order to forgive the debt, we have to raise taxes. >> help could be on the way. and meet the newest muslim legislator. she says in her america, dreams
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soledad: if you're a millennial, to 34, here's some news just for you, and your parents might appreciate it too. among many other proposals, president-elect trump says he wants to reduce student debt, which the federal reserve of new york says now hovers at about $1 trillion nationwide, approaching $37,000 for each college graduate this year. details are still sketchy, but the general idea is to cap the payment amount relative to total
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amount borrowers would pay monthly -- from 10% of their income to 12.5% of their income -- but in exchange borrowers would have their debt forgiven after 15 years rather than 20. soledad: millennials probably didn't constitute much of president-elect trump's winning margin. but they sure made a difference for ilhan omar. she made history last week when she was elected to a state house seat in minnesota. the 34-year-old muslim-american is director of policy at the women organizing women network, a group that organizes east african women for civic leadership roles. omar arrived in the u.s. at age 12 after fleeing somalia with her family when she was eight, and had to learn english. omar says her victory is sign that barriers can be broken. and finally, one u.s. senator takes an interesting approach to millennial constituent relations -- from behind the wheel.
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taking a shift on various jobs his constituents hold. on a recent saturday evening, he took a shift as an uber driver in lincoln, getting good reviews. >> i saw it was like ben sasse, and i thought it was a joke at first, but he had a five star rating, so that is when i knew, ok, this is real. soledad: sasse, a first term senator, has taken shifts changing tires on semi-trucks and feeding cattle. his office says it's a way of staying in touch with a changing economy, not to mention a ol >> when we return, we saw what the presidency did to george w. bush and barack obama.
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soledad: you may voted him in to office, or maybe you didn't, but donald trump is about to take on the world's toughest job. it is a job that has visibly

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